home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
The Supreme Court
/
The Supreme Court.iso
/
mac
/
wordperf
/
1991
/
91_790a
/
91_790a.zs
< prev
next >
Wrap
Text File
|
1993-04-21
|
7KB
|
113 lines
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being
done in connection with this case, at the time the opinion is issued. The
syllabus constitutes no part of the opinion of the Court but has been prepared
by the Reporter of Decisions for the convenience of the reader. See United ______
States v. Detroit Lumber Co., 200 U. S. 321, 337.______ ___________________
SUPREME COURT OF THE UNITED STATES
Syllabus
CSX TRANSPORTATION, INC. v. EASTERWOOD ____
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
No. 91-790. Argued January 12, 1993 - Decided April 21,
1993 (Ftnote. *) (Ftnote. *)
After her husband was killed when a train owned and operated by CSX
Transportation collided with his truck at a Georgia crossing, Lizzie
Easterwood brought this diversity wrongful death action, alleging, inter alia, ___________
that CSX was negligent under Georgia law for failing to maintain adequate
warning devices at the crossing and for operating the train at an excessive
speed. The District Court granted summary judgment for CSX on the ground that
both claims were pre-empted under the Federal Railroad Safety Act of 1970
(FRSA). The Court of Appeals affirmed in part and reversed in part, holding
that the allegation based on the train's speed was pre-empted but that the
claim based on the absence of proper warning devices was not.
Held: Under the FRSA, federal regulations adopted by the Secretary of_____
Transportation pre-empt Easterwood's negligence action only insofar as it
asserts that CSX's train was traveling at an excessive speed. Pp. 2-17.
(a) The FRSA permits the States ``to adopt or continue in force any law,
rule, regulation, order, or standard relating to railroad safety until such
time as the Secretary has adopted a . . . regulation . . . covering the
subject matter of such State requirement,'' and, even thereafter, to adopt
safety standards more stringent than the federal requirements ``when necessary
to eliminate or reduce an essentially local safety hazard,'' if those
standards are compatible with federal law and do not unduly burden interstate
commerce. 45 U. S. C. S434. Legal duties imposed on railroads by a State's
common law of
____________________
*) Together with No. 91-1206, Easterwood v. CSX Transportation, Inc., also *) __________ _________________________
on certiorari to the same court.
I II CSX TRANSPORTATION, INC. v. EASTERWOOD ____
Syllabus
negligence fall within the scope of S434's broad phrases describing matters
``relating to railroad safety.'' The section's term ``covering'' indicates
that pre-emption will lie only if the federal regulations substantially
subsume the subject matter of the relevant state law. Pp. 2-5.
(b) The Secretary's grade crossing safety regulations do not ``cove[r] the
subject matter'' of Easterwood's warning devices claim. In light of the
relatively stringent standard set by S434's language and the presumption
against pre-emption, the regulations of 23 CFR pt. 924 cannot be said to
support pre-emption. They merely establish the general terms under which
States may use federal aid to eliminate highway hazards, including those at
grade crossings, and provide no explicit indication of their effect on
negligence law, which often has assigned joint responsibility for maintaining
safe crossings to railroads and States. Likewise, pre-emption is not
established by 23 CFR S646.214(b)(1)'s requirement that the States comply with
the Manual on Uniform Traffic Control Devices for Streets and Highways and by
that Manual's declaration that the States determine the need for, and type of,
safety devices to be installed at a grade crossing. It is implausible that
established state negligence law would be implicitly displaced by an
elliptical reference in a Government Manual otherwise devoted to describing
for the benefit of state employees the proper size, color, and shape of
traffic signs and signals. Moreover, the Manual itself disavows any claim to
cover the subject matter of the tort law of grade crossings. Finally,
although 23 CFR SS646.214(b)(3) and (4) do displace state decisionmaking
authority by requiring particular warning devices at grade crossings for
certain federally-funded projects, those regulations are inapplicable here
because a plan to install such devices at the crossing at issue was shelved
and the federal funds allocated for the project diverted elsewhere. Pp. 5-14.
(c) Easterwood's excessive speed claim cannot stand in light of the
Secretary's adoption of the regulations in 49 CFR S213.9(a). Although, on
their face, S213.9(a)'s provisions address only the maximum speeds at which
trains are permitted to travel given the nature of the track on which they
operate, the overall structure of the Secretary's regulations demonstrates
that these speed limits were adopted with safety concerns in mind and should
be understood as "covering the subject matter" in question. It is irrelevant
that the Secretary's primary purpose in enacting the speed limits may have
been to prevent derailments, since S434 does not call for an inquiry into
purpose. Moreover, because the common-law speed restrictions relied on by
Easterwood are concerned with local hazards only in the sense that their
application depends on each case's facts, those CSX TRANSPORTATION, INC. v. EASTERWOOD III ____
Syllabus
restrictions are not preserved by S434's second saving clause. Pp. 14-16.
933 F. 2d 1548, affirmed.
WHITE, J., delivered the opinion for a unanimous Court with respect to Parts I
and II, and the opinion of the Court with respect to Parts III and IV, in which
REHNQUIST, C. J., and BLACKMUN, STEVENS, O'CONNOR, SCALIA, and KENNEDY, JJ.,
joined. THOMAS, J., filed an opinion concurring in part and dissenting in part,
in which SOUTER, J., joined.